Washington, D.C., September 30, 2025 – With Congress still deadlocked over funding the federal government, a shutdown is set to begin at midnight. Unless lawmakers strike a last-minute deal, many federal agencies will suspend or scale back operations, and immigration processes will be directly affected.
The dispute in Congress centers on whether a short-term funding measure should include healthcare-related provisions. Republicans are pushing for a “clean” funding bill, while Democrats insist that healthcare subsidies and Medicaid protections must be part of the package. As negotiations stall, agencies that depend on congressional appropriations are preparing to close, while fee-funded immigration services brace for disruption and cascading delays.
What “Shutdown” Means in Practice
In prior shutdowns, fee-funded agencies like USCIS largely stayed open, but programs that depend on appropriations closed. Even agencies that remain open can be slowed because of interagency dependencies and reduced staffing. Employers, immigrants, and attorneys should expect significant disruptions.
Agency-by-Agency: What to Expect
USCIS
USCIS is primarily fee-funded and will remain open. However, it has previously excused late I-129 filings where the shutdown prevented timely LCA certification. Employers should keep records of all filing attempts and evidence of the shutdown’s impact.
E-Verify
E-Verify will likely go offline. Employers must still complete I-9s on time, but they can delay E-Verify case creation until the system is back online, provided they document the outage.
Department of Labor (OFLC — FLAG, LCAs, Prevailing Wage, PERM)
The Department of Labor’s FLAG portal will go dark. No new LCAs, prevailing wage determinations, or PERM applications can be filed. Audit responses and supervised recruitment submissions cannot be processed until funding resumes. This creates a bottleneck for H-1B, H-1B1, and E-3 petitions, as well as ongoing green card sponsorships.
Department of State
Consulates and passport services are funded by fees and may continue operating, but some services may be scaled back depending on local staffing. Delays are possible if the shutdown drags on.
CBP
U.S. Customs and Border Protection is considered essential. Ports of entry remain open, and inspections continue. Processing delays may still occur, especially for border-filed applications.
ICE and SEVP
ICE enforcement continues, focusing on detained cases. SEVP remains open as it is fee-funded.
EOIR
Immigration courts will keep detained cases moving but reschedule non-detained cases until after the shutdown. This will add to the existing backlog.
CIS Ombudsman and Congress
The CIS Ombudsman’s office will close, and congressional casework may be limited. This cuts off an important avenue for resolving immigration case delays.
Historical Practice: LCAs, PERM, and Shutdown Workarounds
During prior shutdowns, the American Immigration Lawyers Association (AILA) issued guidance to help employers and attorneys manage deadlines. AILA advised employers to save draft LCAs and screenshots showing that the system was inaccessible, mail PERM applications or audit responses by tracked courier to prove timely attempts, and if forced to file without a certified LCA, submit the petition with proof of attempted filing and a detailed explanation. USCIS has shown discretion in excusing late submissions when the shutdown was the primary cause. These strategies did not guarantee acceptance but helped protect employers and employees by creating a record of compliance efforts.
What You Should Do Now
Employers Filing H-1B, H-1B1, or E-3 Petitions
File LCAs immediately if possible. If the system is down, preserve evidence of attempts and prepare to explain delays. Understand that USCIS may excuse late filings but does not guarantee acceptance of petitions without certified LCAs.
Employers with PERM or Prevailing Wage Cases
File before the shutdown if deadlines are near. If caught in the shutdown, mail submissions with tracking to create a record of timely effort.
I-9 and E-Verify
Complete I-9s as usual. Document E-Verify outages and run cases after the system returns.
Travel, Consulates, and Courts
Expect delays at consulates and rescheduling for non-detained immigration court cases. Keep records of canceled or postponed appointments.
How USCIS Might Respond
USCIS has a history of excusing late filings caused by government shutdowns. Petitioners should expect similar discretion in 2025 but must provide evidence. Agencies are unlikely to automatically accept petitions missing required certifications; nunc pro tunc filings may be necessary once the government reopens.
Bottom Line
A shutdown will freeze Labor Department functions, creating ripple effects across employment-based immigration. Employers must document every step they take during the outage. USCIS discretion may help after the shutdown, but employers should not rely on incomplete filings being accepted.
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